Rajasthan High Court - Jaipur
Prathviraj Vaishnav vs State Of Rajasthan And Ors on 1 February, 2019
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 1798/2017
Prathviraj Vaishnav Son Of Shri Baluram, R/o Sundari Math,
Mataji Ka Mandir, Data Nagar, Ajmer Raj.
----Petitioner
Versus
1. The State Of Rajasthan Through P.p.
2. Kaushal Mathur Son Of Shri Rajkumar Mathur, By Caste
Kayastha, R/o House No.60, Krishan Vihar Colony,
Kundan Nagar, Ajmer Raj.
3. Rajkumar Mathur Son Of Late Shri Prabhu Dayal Mathur,
By Caste Kayastha, R/o House No.60, Krishan Vihar
Colony, Kundan Nagar, Ajmer Raj.
----Respondents
For Petitioner(s) : Mr. Sanjay Gangwar For Respondent(s) : Mr. VS Godara PP HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
-/Order/-
01/02/2019 In brief, learned counsel for the petitioner has spelt out the case of the complainant/petitioner. Learned counsel for the petitioner has submitted that the complainant was engaged as contractor by the respondent nos. 2 and 3 for building the house. Learned counsel for the petitioner has further contended that the respondent nos. 2 and 3 used the material purchased by the petitioner contractor towards construction of the houses.
The revisional court below has rightly held that it is a case of civil liability, as a contract was executed between the petitioner and the respondent nos. 2 and 3. The revisional court further held that mens rea on the part of the respondent nos. 2 (2 of 2) [CRLMP-1798/2017] and 3 to commit offence is not discernible as it is a case of contractual liability.
The view formulated by the court below suffers from no infirmity. Hence, no interference is warranted and the present petition being devoid of merits is dismissed.
(KANWALJIT SINGH AHLUWALIA),J Mak/-
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